Office of the Saskatchewan Information and Privacy Commissioner. Guide to LA FOIP, Chapter 4, Exemptions from the Right of Access. Updated 18 Oct 2023. 90 1. Could release reveal security arrangements (of particular vehicles, buildings, other structures or systems)? Section 14 of LA FOIP uses the word could versus “could reasonably be expected to” as seen in other provisions of LA FOIP. The threshold for could is somewhat lower than a reasonable expectation. The requirement for could is simply that the release of the information could have the specified result. There would still have to be a basis for the assertion. If it is fanciful or exceedingly remote, the exemption should not be invoked.348 For this provision to apply there must be objective grounds for believing that disclosing the information could reveal security arrangements of particular vehicles, buildings, other structures, or systems. Reveal means to make known; cause or allow to be seen.349 Security means a state of safety or physical integrity. The security of a building includes the safety of its inhabitants or occupants when they are present in it. Examples of information relating to security include methods of transporting or collecting cash in a transit system; plans for security systems in a building; patrol timetables or patterns for security personnel; and the access control mechanisms and configuration of a computer system.350 Security means sufficient security.351 Other structures or systems includes computer and communication systems. An example of a communication system could be a radio communication system such as two-way radios. 2. Could release reveal security methods employed to protect the particular vehicles, buildings, other structures, or systems? Section 14 of LA FOIP uses the word could versus “could reasonably be expected to” as seen in other provisions of LA FOIP. The threshold for could is somewhat lower than a reasonable expectation. The requirement for could is simply that the release of the information could have the specified result. There would still have to be a basis for the assertion. If it is fanciful or exceedingly remote, the exemption should not be invoked.352 For this provision to apply there must be objective grounds for believing that disclosing the information could reveal security methods employed to protect particular vehicles, buildings, other structures or systems. 348 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149]. 349 Pearsall, Judy, Concise Oxford Dictionary, 10th Edition at p. 1224 (Oxford University Press). 350 Service Alberta, FOIP Guidelines and Practices: 2009 Edition, Chapter 4 p. 155. 351 The Legislation Act, S.S. 2019, Chapter L-10.2 at ss. 2-29. 352 SK OIPC Review Reports LA-2007-001 at [117], LA-2013-001 at [35], F-2014-001 at [149].
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